Industrial Relations Act 1996

An application may be made to the Industrial Court—

to withdraw the Forestry, Furnishing, Building Products and Manufacturing Division from the CFMEU NSW and reconstitute the withdrawn division as a State organisation named the Timber, Furnishing and Textiles Union of New South Wales, or

to withdraw the Mining and Energy Division from the CFMEU NSW and reconstitute the withdrawn division as a State organisation named the Mining and Energy Union of New South Wales.

An application may be made—

for an application to withdraw the Forestry, Furnishing, Building Products and Manufacturing Division—

by the committee of management of the NSW District of the Manufacturing Division of the CFMEU, or

by a person who is authorised by the committee of management referred to in subparagraph (i), or

for an application to withdraw the Mining and Energy Division—

by the Mining and Energy Union that is registered as an organisation of employees under the Fair Work (Registered Organisations) Act 2009 and referred to by that name, or

by a person who is authorised by the Mining and Energy Union.

The application must be accompanied by—

proposed eligibility rules for the proposed State organisation that avoid overlap with another organisation as far as is reasonably practicable, and

a proposed alteration to the rules and name of the CFMEU NSW.

An application must not be made concerning the withdrawal of the Forestry, Furnishing, Building Products and Manufacturing Division of the CFMEU NSW unless—

the Manufacturing Division of the CFMEU has withdrawn from the CFMEU under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth, or

the results of a secret ballot of members of the Manufacturing Division of the CFMEU conducted in accordance with the Fair Work (Registered Organisations) Act 2009 of the Commonwealth is in favour of the withdrawal of the division from the CFMEU.

An applicant must take reasonable steps to notify members of the CFMEU NSW covered by the division proposed to be withdrawn.